Right to Pension of Retired Government Servant
Case Laws :-
1. Deoki Nandan Prasad Vs. State of Bihar & Ors. (1971)
2. D.S.Nakara and Ors. Vs. Union of India (1983)
3. UP Raghvendra Acharya & Ors. Vs State of Karnataka Ors. (2006)
Pension is right vested in a government servant for loyal service rendered in the past. it is not a bounty payable at will and pleasure of the government. Pension is a social welfare measure and a post retirement entitlement. Honble Supreme Court obsereved that it must be kept in mind, that grant of pension is to facilitate a retired government employee to live with dignity in his winter of life and that such benefit should not be unreasonably denied to an employee.
The right of receive pension is held to held to be right of property protected under Article 300 A of the constition of India even after repeal of Article 31(1) by the Constitution (Forty-Forth) Amendments Act 1978 .